Any attorney who has
represented veterans seeking compensation and benefits from the Department of Veterans
Affairs (VA) realizes early in the process that it requires
skillful and diligent advocacy.Although
the VA would maintain that it is not an adversarial system and that it is
available to the veteran to assist them in their desire to obtain just and
reasonable compensation for service connected injuries, the VA system is not
set up with that philosophy in mind.In
general terms, the duty to assist means telling veterans what is basically
needed to document their claims; making reasonable efforts to get records; and,
in most cases obtaining a VA medical exam (Compensation and Pension or C & P
Exam) to establish service - connection and extent of disability.This is the
basic principle. Unfortunately,
the specifics get more complicated, with the statutes, regulations and case
law continuing to evolve every year.

There is also the
practical aspect of the litigation that is problematic.Oftentimes, an attorney
will inherit a case
that was previously handled by a Veterans Service Officer (VSO) who lacks
the skill and experience to handle the filing of a claim on behalf of a veteran.While
a routine or simple case might not be
difficult for a VSO, many of the claims are complicated and require reviewing numerous
military and medical records in order to assert a viable claim.It may require
obtaining medical expert
opinions or preparing factual statements on behalf of the veteran or their
witnesses.All of this material is
evidence that must be presented to the Regional Office handling the claim.

Another problem facing
the attorney representing a veteran lies within the VA itself.There are two
distinct bodies within the VA:
the medical unit and the claims unit.The medical unit is charged with doing the C & P exams, to evaluate
veterans for claims, such as Post Traumatic Stress Disorder (PTSD)
and other injuries that are service connected.The attorney relies upon these
exams to be
accurate and reliable.Unfortunately,
the personnel providing these exams are not as reliable as someone would
hope.After years of working within the
VA system, these personnel often become tired and jaded by the system.A
psychiatrist who worked in the VA
system for years and now maintains a private practice representing veterans
recently said, "The unwritten philosophy within the VA is to instruct the
medical unit not to talk to patients...you do not have the time to develop a
veterans' case and do not follow up with them...just stick to working the
numbers.Soon the medical practitioners
burn out and become cynical and push back on the veterans...sort of 'kick the
dog' syndrome."

Then there is the claims
unit which is "bogged down" with the burdensome task of processing
all the claims.It is well-known that a
claim filed with the VA can take years for a decision to be reached.If the
person representing
the veteran fails to properly develop and present the claim then it could be denied,
and then the veteran might have to file an appeal.An
attorney may take over a case previously filed for a veteran by someone who was
not qualified to handle the case and then pick up the pieces and file an
appeal.In short, anyone who
handles VA litigation must realize that this is an important area of the law
that requires as much skill and advocacy as any other area of the law and it
affects men and women who sacrificed greatly for their country.

Cory & Hurley Law Group, P.L.

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